The United States Supreme Court has overturned President Donald Trump's executive order ending birthright citizenship, restoring automatic citizenship for virtually every child born on U.S. soil. The ruling, issued on Tuesday, settles the constitutional question that immigrant families and expecting parents have faced since Trump signed the order on his first day back in the White House.

The executive order had blocked automatic U.S. citizenship not just for children born to undocumented immigrants, but for all newborns who did not have at least one parent who is a U.S. citizen or legal permanent resident. In its case briefs, the administration argued that these children are not "subject to the United States' jurisdiction" and therefore not entitled to birthright citizenship.

That order has now been declared unconstitutional by the highest court in the land, said UC Davis law professor Gabriel "Jack" Chin.

"Are the children of undocumented immigrants U.S. citizens? Yes," he said. "Are the children of temporary immigrants U.S. citizens? Yes."

"Every child born in the United States is a U.S. citizen," Chin added, with very narrow exceptions for children of diplomats or of an invading military.

The justices' opinions closely referenced an 1898 Supreme Court ruling in a case involving a San Francisco-born man, Wong Kim Ark, which decided that the 14th Amendment also included the children of immigrants, regardless of their parents' origin.

"Citizenship, then and now, was the right to have rights — to freely participate in our political community," Chief Justice John Roberts wrote for the court's majority. "We keep that promise today."

What parents should do now

If immigrant parents are expecting a baby soon, they no longer need to worry about Trump's executive order after Tuesday's ruling, Chin said. But he urged parents to confirm that they receive a birth certificate when their baby is born, to prove in the future that their child was born in the U.S.

"With current immigration enforcement that's often based on race, every individual has to be prepared — particularly non-white individuals — to prove that they are U.S. citizens," he said. Receiving a birth certificate is standard routine in hospital births, but Chin said that once parents have this document, "hang on to it."

Several Bay Area immigration law experts agreed with the recommendation.

Lourdes Martínez, co-director of the immigrants rights program at Oakland's Centro Legal de la Raza, pointed out that some parents without legal immigration status may be considering returning to their country of origin in response to other restrictive Trump administration policies. If that is the plan, Martínez said, parents should know the rights their U.S.-born children retain if they leave the country with them.

"Citizens always retain the ability to return to the U.S. and to live here," she said, noting that keeping a child's birth certificate safe will protect their claim to U.S. citizenship in the future. "There's a very strong message of belonging to this nation."

Citizenship in the U.S. includes the right to vote once a person turns 18 and the obligation to serve on a jury when called. Men — both citizens and most non-citizens — must also register with the Selective Service between the ages of 18 and 25.

"This court has reaffirmed a fundamental constitutional principle that birthright citizenship is not subject to political wins or executive overreach," Martínez said. "It's based on the principle that a person's citizenship should come from their place of birth in the United States and not from their parents."

Could Congress still change the rules?

A few hours after the decision, Trump wrote on Truth Social that "we also had the Birthright Citizenship loss, which we will work to correct in Congress."

Justice Brett Kavanaugh, who agreed with the court's ruling, wrote a separate opinion arguing that Trump's order violated a federal statute granting immigrants' children citizenship but not the Constitution itself — suggesting birthright citizenship might not be guaranteed. Congress "could amend" that law, Kavanaugh wrote, "or otherwise enact new legislation establishing exceptions to birthright citizenship for children born to foreign citizens unlawfully or temporarily in the country. But Congress has not yet done so."

Chin stressed that the majority explicitly affirmed the 14th Amendment protects birthright citizenship, and regular legislation from Congress cannot overrule the Constitution.

"This is a constitutional decision," Chin said. "They can propose a constitutional amendment, but the chances that it would pass are very low."

Any amendment would require votes of two-thirds of both the Senate and the House of Representatives, plus approval from three-fourths of state governments — at least 37 of the 50 states. Republicans currently control 29 state legislatures, still far below the threshold, and Democrats have said they oppose limiting birthright citizenship.

"Birthright citizenship as a legal matter is over. As a political matter, maybe not," Chin said, adding that the Trump administration remains committed to a restrictive immigration agenda.

The ruling is nonetheless a relief for many immigrant parents, said Huy Tran, executive director of the San José-based SIREN Immigrant Rights. "If you are expecting, focus on your family," he said. "Focus on giving birth."

Tran recommended that parents without legal immigration status still plan for a possible immigration enforcement operation that could split up their family — including learning how to identify officers from agencies like Immigration and Customs Enforcement and reporting sightings to a local rapid response network. "If there are folks who have any questions about their status or need some legal help, call your rapid response network," he said.

Families with questions about their own situation should consult the official Supreme Court decision and qualified immigration legal services.